Employees Compensation Act – Ex Parte Award – Set Aside – The respondent, Abdul Rehman Naik, filed a claim petition under Section 3 of the Workmen Compensation Act, 1923, alleging injuries sustained during his employment with the appellant – An ex parte award was passed in favor of the respondent without proper service of notice to the appellant or any authorized representa...
Labour Law – Termination – Section 25F Industrial Disputes Act – Reinstatement vs. Compensation – Labour Court found termination of petitioner illegal but granted compensation instead of reinstatement – Petitioner sought reinstatement with back wages – High Court upheld Labour Court’s decision, citing that compensation can be an appropriate remedy for dail...
Property Law – Settlement Deed vs. Will – Determination of Document Nature – Dispute concerning whether Ex.A.2 is a settlement deed or a will. Lower appellate court held it to be a settlement deed, creating vested rights in praesenti. Appellant contended that the document’s nomenclature should not determine its nature, but the contents should be examined – Court affir...
Contract Law – Bank Guarantee – Defective Invocation – Appeal Dismissal – Appellant, GAIL India Ltd., sought recovery of the amount under a performance bank guarantee (BG) from Respondent No. 1, UCO Bank, after alleging that Respondent No. 2 (Harisons Industries) failed to extend the BG – Single Judge rejected the plaint under Order VII Rule 11 of CPC, as the invocati...
Income Tax – Anonymous Donations – Section 115BBC – Applicability to Charitable and Religious Trusts – Appeals Dismissed – The appellant contended that the anonymous donations received by the Shree Sai Baba Sansthan Trust were taxable under Section 115BBC(1) since the trust was registered under Section 80G as a charitable institution – The Court held that the tr...
Contempt of Court – Non-compliance with Court Orders – The petitioners were denied marks for their National Trade Certificates despite a clear High Court order directing the Andhra Pradesh State Road Transport Corporation (APSRTC) to consider these certificates for recruitment as Shramiks – Held: APSRTC's failure to comply with the Court’s order constituted contempt &nd...
Election Law - No Confidence Motion – Compliance with Section 54(2)(c) of Odisha Municipality Act – Petition Dismissed - The petitioners challenged the validity of a notice issued by the Collector calling for a vote of no confidence against the Chairperson of Purusottampur N.A.C., arguing that the notice was not accompanied by the requisition and resolution as mandated by Section 54(2)...
Probate Petition – Will dated 28.12.1968 – The petitioners sought probate of the Will executed by Late V. Subramania Mudaliar, leaving the suit property to his daughter Saroja @ Pattammal, disinheriting his sons – The Will was challenged on the grounds of forgery and lack of due execution – The Court upheld the validity of the Will, noting that the legal heirs were aware of...
Absence of Prayer for Cancellation of Sale Deed – Not Fatal to Plaintiff’s Case – The defendant argued that the plaintiff’s failure to seek cancellation of the sale deed under Section 31 of the Specific Relief Act was fatal to the case – The Court held that the plaintiff’s prayer for declaration that the sale deed was executed as security was sufficient, and no ...
Employment Law - Appointment Process – Provisional vs. Final Merit List – The petitioner, who was ranked first in the provisional merit list for the post of ANM, challenged the appointment of the respondent, who was ranked first in the final merit list after re-scrutiny – Held: Mere empanelment in a provisional list does not confer an indefeasible right to appointment. The final ...